STATE OF CONNECTICUT
Raised Bill No. 5803                             Page 1

Referred to Committee on JUDICIARY
                                            LCO No. 1373
Introduced by (JUD)
                                  General Assembly
                                  February Session, A.D., 1992

AN ACT CONCERNING THE LAKE HARWINTON ASSOCIATION.

    Be it enacted  by  the Senate and House of Representatives in
General Assembly convened:
    Section 1.  Section 2 of special act 73-15 is amended to read
as follows:
    Each member of the association,  of the age of eighteen years
or over,  not otherwise prohibited by law from voting, so long as
he OR SHE  shall  continue  to own real estate in said territory,
shall be entitled  to vote at any meeting of said association and
shall be eligible to hold any office therein.   All owners of any
interest in any  lot or parcel of real estate shall be considered
as one owner  for  the  purpose  of  voting and shall be entitled
collectively to cast  one  undivided vote.   Husbands or wives of
said owners shall be members of said association but shall not be
empowered to vote  at  any  meeting of said association except in
the absence of, OR IN THE PLACE OF, said owners.
    Sec.  2.  Section 4 of public act 73-15 is amended to read as
follows:
    The objects of said association shall be:  To own,  maintain,
and control the  use of the body of water known as Lake Harwinton
and the dam  creating  said  lake;   to safeguard its waters from
pollution;  and,  to provide for the improvement,  and to control
the use of  the  lake  and  the  land  within  the limits of said
association for the enjoyment, health, comfort, peace, protection
and convenience of the members thereof.   To these ends,   and in
addition to the  powers  as are or may be granted to corporations
under the general  statutes,    said  association  shall have the
following powers:   (1) To contract and to be contacted with,  to
sue and be sued and to institute,  prosecute, maintain and defend
any action or proceeding in any court,   administrative agency or
other tribunal of competent jurisdiction;  (2) to make,  have and
use and,   from time to time,   to alter,  a common seal;  (3) to
receive,  purchase,  hold, lease, mortgage, sell, convey, manage,
regulate and control  such  real  and  personal  property  as the
purposes of the  association  require,    and  to provide for the
authentication,   execution and  delivery  of deeds,   grants and
releases of property  of  the  association  and  evidence of debt
issued  by  the  association;    (4)  to  lay  out,    construct,
reconstruct,   alter,  maintain,  repair,  control,  regulate and
operate rights of way,   passways,   bridges,  sidewalks,  curbs,
gutters,   parks,  playgrounds,  recreation centers,  beaches and
beach facilities,   docks,   retaining walls,   comfort stations,
parking,   parking lots  and facilities and any and all buildings
and improvements necessary  or  convenient  for  carrying  on the
government of the  association;    (5)  to supervise and regulate
hunting,   fishing,   boating,   sailing,   skating,  sunbathing,
swimming or trespassing on the waters or ice of Lake Harwinton or
on the streets,    passways  or  lands  within the limits of said
association;   (6) to  control  or  prohibit  the use of internal
combustion engines and  all other types of motors,   which propel
watercraft,   mini-bikes,  snowmobiles and to control or prohibit
the use of  any  form  of  water,    ice  or  land  craft on Lake
Harwinton,   or on  the  lands,   streets and passways within the
limits of said  association;   (7) to control the design and size
of docks and  rafts,    whether  anchored  or free floating,   or
prohibit the use  thereof;    (8) to define,   prohibit and abate
within the association limits all nuisances,   causes thereof and
all  things  detrimental   to  the  health,    morals,    safety,
convenience,   peace and  welfare of the inhabitants and to cause
the abatement of  any  nuisance  at  the  expense of the owner or
owners of the premises on which such nuisance exists;   and,   to
regulate the disposal of litter,   trash,   waste and junk of any
type or prohibit  the  keeping  or open burning thereof;   (9) to
regulate or prohibit the keeping of swine,   cattle,  poultry and
other animals within  the  association limits;   (10) to regulate
peddling as provided  for  in  towns  under the general statutes;
(11) to control  or set speed limits,   subject to the provisions
of the general  statutes  relating to the regulation of the speed
of motor vehicles,    within  the  association  limits;   (12) to
prohibit and regulate  the discharge of storm or waste water from
roofs or driveways over or upon the sidewalks,   streets or other
lands of the association;   (13) to keep the streets,  waterfront
and other places  within  the  association limits free from undue
noises,   or lighting and to prohibit loitering thereon;  (14) to
control or provide for lighting on streets,   passways,   beaches
and other places  of  the  association;   (15) to provide for and
control the planting,    rearing  and  preserving  of  shade  and
ornamental trees on  the  streets and grounds of the association;
(16) to take by gift, grant,  bequest and devise and to hold real
and personal estate absolutely or in trust for any use,  for such
terms or conditions as are prescribed by the grantor or donor and
accepted  by the  association  and  to  provide  for  the  proper
administration of the same;  (17) to establish building lines, to
protect any property  from fire,   such protection to include the
regulation of the number and kind of cottages and structures that
may be erected  or placed on any building lot within said limits;
to regulate the carrying on within the limits of said association
of any activity  that  will,   in the opinion of said board,   be
prejudicial to public health or dangerous to,  or will constitute
an unreasonable annoyance to,  those living or owning property in
the vicinity thereof, which regulations shall be uniform for each
class or kind of building or structures,  PROVIDED, HOWEVER, THAT
SUCH REGULATIONS SHALL  BE  SUBJECT TO FINAL APPROVAL BY A SIMPLE
MAJORITY VOTE OF  THE  MEMBERSHIP  AT THE NEXT GENERAL OR SPECIAL
MEETING;    (18) to  require  any  officer  or  employee  of  the
association to furnish  a  bond  or  undertaking conditioned upon
honest or faithful  performance  of  duty  and  to  determine the
amount,  form and sufficiency of the securities thereof;  (19) to
prescribe the salaries,   compensation and hours of employment of
all officers and  employees  of the association and the duties of
such officers and  employees not expressly defined by law;   (20)
to borrow on  the  faith  and  credit  of the association for any
purpose for which  taxes may be levied and to regulate the method
of  such  borrowing;    to  issue  notes  or  other  evidence  of
indebtedness  and  to   secure   the  repayment  thereof  by  the
hypothecation or mortgage  of  any  property  of the association;
(21) to provide  or  control  entertainments and amusements by or
for the members  of  the  association and their guests;   (22) to
enact ordinances, in the exercise of its powers and to prescribe,
for their violations,  penalties,  none of which shall exceed one
hundred dollars for each violation of any single ordinance unless
otherwise  specifically  provided   by  law;    (23)  to  appoint
constables as shall be necessary,  who,  within the limits of the
association,   shall have  powers  to  enforce all ordinances and
shall also have  such  powers  and  duties  as constables have in
towns;    (24)  to  enforce  association  ordinances  prescribing
criminal penalties with the aid of its constables, town police or
constables or state police,  as may be necessary, and by criminal
actions prosecuted in  the  circuit court of the circuit in which
the  association  is   located;    (25)  to  enforce  association
ordinances  by  civil   actions   brought  in  the  name  of  the
association to recover  penalties  prescribed,    for the use and
benefit of said  association,    before the circuit court for the
circuit in which the association is located.
    Sec. 3.  Section 5 of special act 73-15 is amended to read as
follows:
    There shall be  a  general  meeting  of  the  members of said
association on August 25,   1973,  and annually thereafter on the
fourth Saturday of  August,   at a place within the limits of the
town of Harwinton  and  at  a  time  to  be  set  by the board of
governors, for the election of governors and officers and for the
transaction  of  any   business   within   the   powers  of  said
association. There shall also be a general meeting of the members
of said association,   annually,   during the month of April at a
place within the  limits  of  the town of Harwinton and on a date
and time,  all to be fixed by the board of governors, to transact
any  business  within   the   powers  of  said  association  but,
principally,   to [consider  and  enact  a  budget]  VOTE  ON THE
PROPOSED BUDGET for  the  fiscal  year commencing on the first of
[June] JULY next  ensuing  and ending on the [thirty-first day of
May] THIRTIETH DAY  OF JUNE thereafter;   and to set the tax rate
for said fiscal year.  A COPY OF THE PROPOSED BUDGET AND PROPOSED
TAX RATE SHALL  BE  INCLUDED  WITH THE CALL OF THE APRIL MEETING.
THE PROPOSED BUDGET AND PROPOSED TAX RATE SHALL BE MAILED TO EACH
MEMBER WITH THE  CALL  OF  THE APRIL MEETING AT LEAST THIRTY DAYS
PRIOR TO THE  DATE  OF  THE  MEETING.    THE  PROPOSED BUDGET AND
PROPOSED TAX RATE  AS MAILED TO EACH MEMBER SHALL ALSO SERVE AS A
VOTING FORM FOR  THE  PROPOSED  BUDGET  AND  PROPOSED TAX RATE AS
PROPOSED BY THE  BOARD  OF GOVERNORS AND SHALL PROVIDE A PLACE ON
SAID PROPOSED BUDGET  AND PROPOSED TAX RATE FOR MEMBERS TO CIRCLE
OR CHECK OFF A YES OR NO VOTE FOR EACH QUESTION,  PROPOSAL,  ETC.
THE COMPLETED VOTING  FORM  SHALL  BE  RETURNED  BY MAIL,   OR IN
PERSON,  IN A SEALED ENVELOPE TO THE SECRETARY OF THE ASSOCIATION
DURING,   OR PRIOR TO THE GENERAL OR SPECIAL MEETING AND SHALL BE
OPENED AND COUNTED  AT  THE  MEETING.    Special  meetings of the
members of said  association  may  be called by the president and
shall be called  by  the  president  or  secretary  upon  written
request of any  three  members  of  the board of governors or any
fifteen members of said association,  stating the purpose thereof
and setting out  the  resolution  or  resolutions to be presented
thereat.   Notice of the general and any special meetings of said
association shall be  in  writing  over  the  actual or facsimile
signature of the president or secretary,   designating the place,
date and time thereof and shall be deposited in the United States
mails,   post paid,   at least [twelve days,   and not more than]
thirty days prior  to  such meeting and shall be addressed to the
latest  address of  each  member of said association on file with
the secretary,   provided  further,    that notice of any special
meeting shall state  that  such  meeting shall be limited to [the
consideration of] VOTING  ON the specific objects or purposes for
which it is  called  and  shall [briefly] specify those purposes.
THE CALL OF ALL ASSOCIATION MEETINGS SHALL ALSO SERVE AS A VOTING
FORM ON WHICH  MEMBERS  CAN CIRCLE OR CHECK OFF A SEPARATE YES OR
NO VOTE FOR EACH QUESTION,  PROPOSAL,  ORDINANCE,  ETC. ALL CALLS
OF MEETINGS SHALL  BE  MAILED  AT  LEAST THIRTY DAYS PRIOR TO THE
DATE OF THE MEETING.  THE COMPLETED VOTING FORM SHALL BE RETURNED
BY MAIL,   OR IN PERSON, IN A SEALED ENVELOPE TO THE SECRETARY OF
THE ASSOCIATION DURING,    OR  PRIOR  TO  THE  GENERAL OR SPECIAL
MEETING, AND SHALL BE OPENED AND COUNTED AT SAID MEETING.  At any
association membership meeting,  members   [present]  entitled to
cast twenty-eight votes shall constitute a quorum.
    Sec.  4. Section 6 of special act 73-15 is amended to read as
follows:
    Members of the board of governors,   in office at the time of
the passage of this act,   shall serve until August 25,  1973, on
which date their terms of office shall cease and terminate.  They
shall convene a  general  meeting  of said association members on
that date to  elect  from  their members a twelve member board of
governors,   of whom  four shall be designated to serve for three
years,  four for two years and four for one year.  Thereafter, as
these initial terms expire,   the membership shall elect from the
membership  at the  annual  general  meeting  in  August,    four
governors,  each to serve a term of three years. The term of each
governor shall commence  upon his election and continue until the
annual August membership  meeting  in  the year in which his term
expires except that  each may continue to act until his successor
is elected and  qualifies,  provided that any governor who ceases
to have membership  in  said association,  as established herein,
shall  automatically cease  to  be  a  member  of  the  board  of
governors.  Any vacancy  occurring in the membership of the board
of governors shall  be  filled  by  [an  appointee] THE ALTERNATE
ELECTED IN THE  SAME  YEAR  AS  THE  EXITING  GOVERNOR,  IF STILL
ELIGIBLE.   FURTHER  VACANCIES  SHALL  BE  FILLED  BY  APPOINTEES
approved by a  majority  of  the  remaining members of said board
until the annual  membership meeting in August next ensuing,   at
which meeting the  members  of  said association shall elect,  as
herein prescribed,  a  member  of  the  board  for  the unexpired
portion of the term.  [Members shall vote by ballot,  separately,
on each governorship,   and  election  shall  be  only by a clear
majority of the eligible votes cast.   If any candidate,   on any
ballot, fails to receive a clear majority, no further nominations
shall be made  and  the  candidate  on  said ballot receiving the
lowest vote shall be dropped,  and a new ballot immediately taken
among or between  those  candidates  remaining.    If again,   no
candidate receives a  clear majority,  the lowest candidate shall
be dropped and  a  new  ballot  taken,   and this procedure shall
continue  until  one   candidate   achieves  a  clear  majority.]
CANDIDATES FOR THE  BOARD  OF GOVERNORS,  SECRETARY,   TREASURER,
AND PROPERTY CUSTODIAN  MAY  BE  NOMINATED  FOR  ELECTION  AT THE
AUGUST GENERAL MEETING  BY  ANY  MEMBER,   AT ANY TIME UP TO JUNE
FIRST OF THE  ELECTION YEAR,   BY SUBMITTING A WRITTEN NOMINATION
TO THE SECRETARY OF THE ASSOCIATION.  A PRINTED FORM CONTAINING A
LIST OF ALL  CANDIDATES  SHALL  BE SENT TO EACH MEMBER ALONG WITH
THE NOTICE OF  THE  AUGUST  GENERAL  MEETING AT LEAST THIRTY DAYS
PRIOR TO THE  DATE  OF  THE  MEETING.    MEMBERS  SHALL  VOTE FOR
CANDIDATES FOR THE  OFFICE  OF  PRESIDENT  AND  VICE PRESIDENT BY
CIRCLING OR CHECKING  OFF  ONE  NAME  FOR  EACH POSITION FROM TWO
SEPARATE LISTS OF  THE  PRESENTLY SITTING MEMBERS OF THE BOARD OF
GOVERNORS WHO WILL CONTINUE TO SIT ON THE BOARD AFTER THE CURRENT
ELECTION.    EACH OF  THESE  LISTS  SHALL  INDICATE  WHETHER  THE
SELECTION TO BE  MADE  IS  TO BE FOR THE POSITION OF PRESIDENT OR
VICE-PRESIDENT.   MEMBERS SHALL  VOTE FOR CANDIDATES FOR SEATS ON
THE BOARD OF  GOVERNORS  BY  CIRCLING  OR CHECKING OFF UP TO FOUR
NAMES FROM THE  LIST  OF  CANDIDATES  FOR  SEATS  ON THE BOARD OF
GOVERNORS.   MEMBERS SHALL  VOTE FOR CANDIDATES FOR THE POSITIONS
OF SECRETARY,   TREASURER  AND  PROPERTY CUSTODIAN BY CIRCLING OR
CHECKING  OFF  ONE   NAME  EACH  FROM  THE  APPROPRIATE  LIST  OF
CANDIDATES FOR THE POSITIONS OF SECRETARY, TREASURER AND PROPERTY
CUSTODIAN.   THE COMPLETED VOTING FORM SHALL BE RETURNED BY MAIL,
OR IN PERSON,    IN  A  SEALED  ENVELOPE  TO THE SECRETARY OF THE
ASSOCIATION DURING,   OR  PRIOR TO,   THE AUGUST GENERAL MEETING.
ALL ENVELOPES CONTAINING  THE  COMPLETED  VOTING  FORMS ARE TO BE
OPENED AND COUNTED AT THE AUGUST GENERAL MEETING.   THE CANDIDATE
WITH THE FIFTH HIGHEST NUMBER OF VOTES FOR A SEAT ON THE BOARD OF
GOVERNORS SHALL SERVE  AS  AN ALTERNATE TO REPLACE ANY ONE OF THE
FOUR ELECTED GOVERNORS  WHO MAY,   FOR ANY REASON,   BE UNABLE TO
COMPLETE HIS OR  HER  TERM.    IN  THE EVENT OF A TIE VOTE IN THE
VOTING FOR THE  CANDIDATE  FOR  THE  BOARD  OF GOVERNORS WITH THE
FOURTH HIGHEST NUMBER OF VOTES,   THE REMAINDER OF THE MEMBERS OF
THE BOARD OF  GOVERNORS  SHALL CHOOSE WHICH CANDIDATE SHALL SERVE
AS A MEMBER  OF  THE BOARD OF GOVERNORS AND WHICH CANDIDATE SHALL
SERVE AS ALTERNATE.    IN  THE  EVENT OF A TIE VOTE FOR ANY OTHER
POSITION,   THE FULL  BOARD  OF GOVERNORS SHALL VOTE TO BREAK THE
TIE.  IF THE BOARD OF GOVERNORS CAN NOT BREAK THE TIE,  A RUN-OFF
ELECTION SHALL BE HELD WITHIN SIXTY DAYS.  The board of governors
shall constitute the  governing  body  and  shall be charged with
carrying out the  purposes  of  said association,   enforcing the
charter and the  ordinances  adopted  pursuant to this act,   and
carrying out the  proper  recommendations of the general meetings
of said association. They shall control all expenditures pursuant
to  the budget  and  supervise  the  work  of  all  officers  and
employees.   They shall  recommend charter changes,   prepare and
propose the annual budget, [enact] PROPOSE ordinances and promote
the general welfare of said association. Meetings of the board of
governors shall be  held  at  such  time  and place as said board
shall prescribe, and any two governors may call a special meeting
by giving five  days  notice to the other members of the board in
writing,   in person  or  by  telephone  and  stating the purpose
thereof. A majority of the members of said board shall constitute
a quorum.   The  board  of  governors  is  authorized  to [adopt]
PROPOSE ordinances to carry out the powers of said association or
regulate its own  procedures,    with  penalties  to secure their
enforcement,   provided that  a two-thirds majority of the entire
board shall be  required to [adopt] PROPOSE ORDINANCES FOR A VOTE
BY THE ENTIRE MEMBERSHIP.   Any general or special meeting of the
membership  may amend  or  repeal  any  ordinance  or  adopt  new
ordinances,   by simple  majority  of those [present and] voting,
provided the purpose and intention to do so is stated in the call
of the meeting,  AND PROVISION IS MADE ON THE PRINTED CALL OF THE
MEETING SO THAT  THE  CALL  OF  THE  MEETING WILL ALSO SERVE AS A
BALLOT FOR THOSE MEMBERS WHO CHOOSE TO VOTE BY MAIL. No ordinance
or regulation shall  take effect until ten days after its passage
nor until it  shall have been posted on a signpost which shall be
erected within the  territorial  limits  of said association at a
place designated by  the board of governors,   for at least seven
days.   A certificate of the secretary of said association of the
posting of any  ordinance  or regulation as provided herein shall
be prima facie evidence of such posting.   As soon as practicable
thereafter or with the call for the next annual meeting,   a copy
of such ordinance shall be mailed to each member.   Copies of the
charter and all ordinances shall be suitably printed and one copy
shall be available  without  cost  to  each member or new member.
Additional copies shall be provided at a charge to be established
by the board of governors.
    Sec.  5. Section 7 of special act 73-15 is amended to read as
follows:
    [At the annual August memberships meeting,   and after having
filled all vacancies on the board of governors,  said association
members shall proceed  to  elect,   from among the members of the
board of governors, a president and vice-president, and among the
members of said association,  a secretary, treasurer and property
custodian.] Each officer  shall  hold  office  until  the  annual
August membership meeting  next  ensuing  and  until  his  annual
successor is elected and qualifies.  The same person may serve as
secretary and treasurer.    The  president shall preside over all
meetings of the board of said association,   can vote once on any
issue,  and shall be the chief executive of said association.  In
the absence of the president,  the vice-president or secretary or
treasurer shall preside,  in the order named. The secretary shall
sign all warnings,  notices, orders and ordinances and shall keep
a record of  all  actions  of said board and of said association.
The treasurer shall  keep  an  account of all monies received and
paid out and  shall render a report at each annual meeting.   The
treasurer shall furnish  a  bond  in such account as the board of
governors shall,   from time to time,   determine, the premium of
said bond to  be  paid  by said association,   and said treasurer
shall be the  tax  collector for said association.   The property
custodian shall maintain  an  inventory  of all real and personal
property owned by  said  association,   preserve the documents of
title thereto,   and  arrange  for  safekeeping  of  all personal
property of said association.  Unless they are elected members of
the board of  governors,   the secretary and treasurer shall have
no vote except  in  such  case  as  they  shall  be acting as the
presiding officer of any meeting of said board.  Each officer and
committee chairman shall  render  a written report of the affairs
of his office  to  the annual August meeting of said association,
and  shall  promptly  and  completely  transfer  all  records  or
association property to  his  successor.    The  records  of  the
treasurer shall be  audited  at  such times and in such manner as
shall be established  by ordinance,   BUT NOT LESS THAN ONCE EACH
FISCAL YEAR.
    Sec.  6. Section 8 of special act 73-15 is amended to read as
follows:
    The board of governors shall annually prepare,  in writing, a
budget showing in  detail,    the  estimated expenditures for the
ensuing fiscal year  and  present  the same to [the association's
annual April membership meeting.  The budget so presented,  or as
amended and changed  at  said  annual meeting by majority vote of
the members present and voting,] THE SECRETARY OF THE ASSOCIATION
AT LEAST SIXTY  DAYS  PRIOR  TO  THE  DATE  OF  THE  ANNUAL APRIL
MEMBERSHIP MEETING FOR  INCLUSION AS A VOTING FORM WITH THE APRIL
CALL OF MEETING.    IF  THE  BUDGET  IS  APPROVED IT shall be the
budget for the next fiscal year.   In each annual budget,   a sum
equal to five  per  cent  thereof  shall  be set aside toward the
capital and building  fund and a sum equal to five per cent shall
be provided as  an emergency reserve fund with the provision that
any  unexpended balance  therein  shall  be  transferred  to  the
capital and building  fund  at the end of each fiscal year.   The
board of governors shall not expend monies except for the purpose
shown in the  budget,    nor  in  an  amount exceeding the budget
appropriations  unless  they   shall   first  secure  a  specific
authorization by a vote of said association in general or special
meeting,   provided that,   the board may contract for or expend,
out of the emergency reserve fund,   a sum or sums in total,  not
exceeding four hundred  dollars  in  any  fiscal  year,   to meet
special or unforeseen  expenses  or  obligations not specifically
provided in the budget.
    Sec.  7. Section 9 of special act 73-15 is amended to read as
follows:
    At the annual  general  meeting  of  the  membership  held in
April,   the association  members,    by a majority vote of those
[present and] voting,   shall concurrently adopt a budget for the
ensuing fiscal year  and  levy  the  taxes needed to balance said
budget,   observing however,    the  following  requirements  and
limitations:  [(a) The tax levy shall consist of a "base tax", in
an amount of  at  least  one dollar and not exceeding twenty-five
dollars,   which each  member shall pay on each parcel of land on
which the gross  assessment  shown on the town of Harwinton grand
list for the tax year beginning on the preceding October first is
less than one thousand dollars,   provided that,  no member shall
pay more than  the  "base  tax" if his total gross assessment for
all of his  real  property  within the Lake Harwinton Association
area,   as assessed  on  said town grand list,   is less than one
thousand dollars;  and, (b) whenever said gross assessment on any
parcel exceeds one thousand dollars,  such member shall pay a tax
thereon amounting to  two and one-half times the "base tax" first
above mentioned;   (c) for purposes of this section,   contiguous
parcels of land which,   together,  do not exceed thirty thousand
square feet in  area shall be deemed to be "one parcel";   (d) if
any member owns  lots  which  are  not  contiguous,   he shall be
considered an owner  of  multiple  parcels  and  shall  be  taxed
separately on each  such  non-contiguous parcel in the manner set
forth above;   and,  (e) for] (a) THE TAX LEVY SHALL CONSIST OF A
MIL RATE SYSTEM  SIMILAR  TO  THAT USED BY THE TOWN OF HARWINTON,
PROVIDED HOWEVER,   THAT  NO  MEMBER SHALL PAY A TAX OF LESS THAN
TWENTY ($20) DOLLARS,   UNLESS A MINIMUM TAX LEVY OF TWENTY ($20)
DOLLARS FOR EACH  MEMBER  WOULD  EXCEED  SIXTY  PER  CENT  OF THE
PROPOSED BUDGET.  IN THAT EVENT, THE MINIMUM TAX SHALL BE REDUCED
TO A FIGURE  WHICH,    WHEN  MULTIPLIED  BY  THE  TOTAL NUMBER OF
MEMBERS,   WILL NOT EXCEED SIXTY PER CENT OF THE PROPOSED BUDGET.
THE MIL RATE  SHALL  BE  BASED UPON THE GROSS ASSESSMENT SHOWN ON
THE TOWN OF  HARWINTON  GRAND  LIST FOR THE TAX YEAR BEGINNING ON
THE PRECEDING OCTOBER FIRST. THE MIL  RATE SHALL BE RE-CALCULATED
ANNUALLY SO AS  TO  COMPLY WITH THE REQUIREMENTS OF THIS SECTION,
AND TO PROVIDE  SUFFICIENT  FUNDS TO MEET THE BUDGET REQUIREMENTS
APPROVED BY THE  MEMBERSHIP.    (b) FOR purposes of this section,
joint owners or owners as tenants in common shall be deemed to be
"one owner".   Any  member  claiming  to be aggrieved by any such
levy or assessment  may appeal to the proper court for Litchfield
County and in  the time and manner provided for appeals from town
boards of tax review. Said tax shall be due to the association on
[June] JULY first,    following  its levy,   and shall be payable
within thirty days  thereafter,    and  shall be collected by the
association's treasurer, as its tax collector, and after becoming
delinquent or liened,    it  shall  be  collected  together  with
interest and lien  fees  as  provided by law in the collection of
town taxes.  At least ten days prior to the due date of such tax,
a notice thereof stating the rate,  amount thereof, the due date,
the lot or lots so taxed, and that it is payable without interest
only within thirty  days after the due date,   shall be mailed to
each member owning  real  estate,    as  of  October  first  next
preceding,   to such member's last-known address on file with the
secretary.  Such tax shall be a lien upon the property upon which
it shall be  laid and may be collected by suit in the name of the
association or by  foreclosure  of  such lien.   Such lien may be
continued by certificate  which  shall  be  recorded  in the land
records in the town of Harwinton,   pursuant to the provisions of
the general statutes  relating  to  the continuance of tax liens.
The treasurer,   as tax collector,   shall have all the powers of
collectors of town taxes and shall be accountable to the board of
governors in the  same  manner as town collectors are accountable
to selectmen.
    Sec.   8.  Section 10 of special act 73-15 is amended to read
as follows:
    The use of  all  lands  within  the territorial limits of the
association  shall  continue   to  be  restricted  to  nonprofit,
recreational or residential  purposes  and  not for any business.
The restrictions now  applying  to  property within the limits of
the association,   as noted in deeds,   shall remain in force and
may be extended  in  time  from the date of expiration thereof by
the board of  governors  WITH  FINAL  APPROVAL  BY  A VOTE OF THE
MEMBERSHIP AT THE NEXT GENERAL OR SPECIAL MEETING.   The board of
governors shall appoint  one  of  its  members  as  building  and
sanitation inspector,   whose  duty  it  shall  be to inspect all
sanitary facilities buildings  on  property  within the limits of
the  association  to   determine   their   conformance   to   the
restrictions and ordinances  particularly  during  the process of
any construction.   Appeals  from  the  rulings  of said building
inspector may be  taken  to  the  board  of governors.   Property
owners seeking approval  of  such  plans  shall  pay a fee of one
dollar at the  time of such approval shall be given.   Failure to
build to plans  as  approved  shall constitute a violation of the
ordinances and regulations of said association,  and the board of
governors may petition  any  court  having jurisdiction to direct
the demolition of  that part of the structure erected contrary to
such approved plans  and  the  erection  in  lieu  thereof of the
building conforming to the approved plans.
    Sec.   9.   Section  11 of special act 73-15,   as amended by
special act 88-18, is amended to read as follows:
    (a) Parliamentary procedures  as  set  forth  in  the current
edition of ROBERT'S  RULES  OF  ORDER,   and as said rules may be
amended or hereafter revised, shall govern the association in all
cases to which  they are applicable and are not inconsistent with
the provisions of  this  charter  or any association ordinance or
resolution adopted pursuant to this charter.  If any ordinance or
regulation  adopted  by  The  Lake  Harwinton  Association  shall
conflict with any  lawful  ordinance  of  the  town  of Harwinton
setting higher standards,   limits,   requirements or conditions,
then,  in such case, the ordinance of said town shall prevail and
superseded the ordinance or regulation of said association.   Any
tax liens levied by said town of Harwinton on property within the
limits of The Lake Harwinton Association shall have priority over
any tax or lien levied on the same property by said association.
    (b) The members  of The Lake Harwinton Association shall have
the power to adopt and amend a charter which shall be its organic
law and shall  supersede  any  inconsistent provisions of special
act 73-15,   as amended by this act,  at a special meeting of the
members called and held for that purpose. Any proposed charter or
amendment to the  charter shall be approved for submission to the
general membership by  a two-thirds vote of the entire membership
of the association's  board  of governors.   Upon approval by the
board of governors,   copies of the proposed charter or amendment
to the charter,  WHICH SHALL ALSO SERVE AS A VOTING FORM ON WHICH
MEMBERS CAN CIRCLE  OR  CHECK  OFF  A SEPARATE YES OR NO VOTE FOR
EACH SECTION OF THE PROPOSED CHARTER OR AMENDMENT TO THE CHARTER,
together with notice  of  the special meeting,   shall be sent to
each property owner  of record at such owner's last-known address
on file with the association's secretary,   and to the town clerk
and the board  of selectmen of the town of Harwinton [not earlier
than thirty days nor later than twelve days] AT LEAST THIRTY DAYS
prior to the date of the meeting. THE COMPLETED VOTING FORM SHALL
BE RETURNED BY MAIL,   OR IN PERSON,  IN A SEALED ENVELOPE TO THE
SECRETARY OF THE  ASSOCIATION DURING,   OR PRIOR TO,  THE SPECIAL
MEETING,   AND SHALL  BE OPENED AND COUNTED AT SAID MEETING.   At
such meeting,   the members,   by a vote of [a simple majority of
those eligible,   present  and  voting,] TWO-THIRDS OF THE ENTIRE
MEMBERSHIP may adopt  or  revise the charter or the amendments to
the charter proposed by the board of governors.   Such charter or
amendments to the  charter  as  may  be adopted shall take effect
upon publication in  a  newspaper having a general circulation in
the town of  Harwinton  within ten days following their adoption.
Copies of such  charter  or  amendments  to the charter as may be
adopted shall be sent TO EACH MEMBER,   to the town clerk and the
board of selectmen of the town of Harwinton.

STATEMENT OF PURPOSE: To revise the charter of The Lake Harwinton
Association.

    [Proposed  deletions  are  enclosed  in  brackets.   Proposed
additions are all  capitalized  or  underlined where appropriate,
except that when  the  entire  text  of a bill or resolution or a
section thereof is new, it is not capitalized or underlined.]